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CC 02-07-2012 CP/ CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, February 7, 2012 ROLL CALL At 5:30 p.m. Mayor Mark Santoro called the regular meeting to order in Conference Room A of City Hall, 10300 Tone Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: None. COMMISSION INTERVIEWS 1. Subject: Library Commission interviews Recommended Action: Conduct interviews The City Council interviewed Janet Riddell and appointed her to fill the unscheduled vacancy for a one-year term ending 2013. RECESS Council was in recess from 5:45 to 6:00 p.m., and reconvened in the Council Chamber, Cupertino Community Hall, 10350 Torre Avenue. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: None. CLOSED SESSION 2. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency negotiator: Carol Atwood; Employee organizations: CEA and 0E3 At 6:00 p.m. Council recessed to a closed session, and reconvened in public session at 8:07 p.m. Mayor Santoro announced that Council had met with its representatives, gave direction to the negotiators, and no action was taken. February 7, 2012 Cupertino City Council Page 2 PLEDGE OF ALLEGIANCE At 8:08 p.m. Mayor Mark Santoro called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Teen Commission update on the Anti-Tobacco Grant project Recommended Action: Receive update Representatives from the Teen Commission described the Youth Action Commission (YAC) Attack program and how grant funds are being used to promote awareness about the health issues related to smoking. They also noted that they will be working with teen commissions from other cities as well. Council received the update and no action was taken. POSTPONEMENTS -None ORAL COMMUNICATIONS -None CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 17 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 4. Subject: January 10 City Council minutes Recommended Action: Approve minutes 5. Subject: January 17 City Council minutes Recommended Action: Approve minutes 6. Subject: January 23 City Council minutes Recommended Action: Approve minutes 7. Subject: Accounts Payable for period ending November 10, 2011 Recommended Action: Adopt Resolution No. 12-009 8. Subject: Accounts Payable for period ending November 18, 2011 Recommended Action: Adopt Resolution No. 12-010 February 7, 2012 Cupertino City Council Page 3 9. Subject: Accounts Payable for period ending November 23, 2011 Recommended Action: Adopt Resolution No. 12-011 10. Subject: Accounts Payable for period ending December 2, 2011 Recommended Action: Adopt Resolution No. 12-012 11. Subject: Accounts Payable for period ending December 9, 2011 Recommended Action: Adopt Resolution No. 1.2-013 12. Subject: Accounts Payable for period ending December 16, 2011 Recommended Action: Adopt Resolution No. 12-014 13. Subject: Accounts Payable for period ending December 29, 2011 Recommended Action: Adopt Resolution No. 12-015 14. Subject: Accounts Payable for period ending January 6, 2012 Recommended Action: Adopt Resolution No. 12-016 15. Subject: Accounts Payable for period ending January 13, 2012 Recommended Action: Adopt Resolution No. 12-017 16. Subject: Accounts Payable for period ending January 20, 2012 Recommended Action: Adopt Resolution No. 12-018 17. Subject: Approve destruction of records from the Finance, Human Resources, City Clerk, and Parks & Recreation (Senior Center& Quinlan) departments Recommended Action: Adopt Resolution No. 12-019 Mahoney moved and Wong seconded to adopt Resolution No. 12-019 with an amendment to pull the Finance records from the 1960's and keep them for historical value either in-house or give them to the Cupertino Historical Society. The motion carried unanimously. 18. Subject: Annual adoption of the City Investment Policy Recommended Action: Adopt the City Investment Policy 19. Subject: Treasurer's Investment and Budget Report for quarter ending December 2011 Recommended Action: Accept the report 20. Subject: Treasurer and Deputy Treasurer Appointments Recommended Action: Adopt Resolution No, 12-020 21. Subject: Municipal Improvements, 10056 Orange Avenue Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter, asphalt pavement, and driveway approach improvements in the City right-of-way February 7, 2012 Cupertino City Council Page 4 SECOND READING OF ORDINANCES 22. Subject: Rezoning from Agricultural Residential to Single Family Residential Recommended Action: Conduct second reading of Ordinance No. 12-2090, "An Ordinance of the Cupertino City Council rezoning a portion of one lot and its fronting half-street of 0.456 acre from A1-43 (Agricultural Residential) to R1-20 (Single Family Residential) and the remaining portion of the lot and its fronting half-street of 0.319 acre from R1-10 (Single Family Residential) to R1-20 (Single Family Residential) located at 11215 Mount Crest Place, APN 356-26-026" Description: Applications: Z-2011-04, EA-2011-13; Applicant: Daryl Fazekas (Isaac Segal); Location: 11215 Mount Crest Place, APN 326-26-026, Noticing 300 ft; Environmental Declaration: Negative Declaration; Description: Rezoning application to rezone approximately 0.39 acres from Agricultural Residential (A1-43) to Single Family Residential (R1-20) and approximately 0.30 acres from R1-10 to R1-20 Acting City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Sinks seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Sinks, and Wong. Noes: None. Absent: Santoro. Wong moved and Sinks seconded to enact Ordinance No. 2090. Ayes: Chang, Mahoney, Sinks, and Wong. Noes: None. Absent: Santoro. PUBLIC HEARINGS 23. Subject: Annual renewal of bingo permits for St. Joseph of Cupertino Church and Cupertino Senior Center Coordinating Council Recommended Action: Conduct public hearing and renew permits Acting City Clerk Grace Schmidt reviewed the staff report. Wong moved and Mahoney seconded to approve the renewal of the two annual bingo permits. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 24. Subject: Mid-year budget adjustment Recommended Action: Approve mid-year budget adjustment Finance Director David Woo reviewed the staff report. Kevin McClelland, Cupertino Chamber of Commerce, expressed support for filling the vacant Economic Development Manager position. He said that it was important to have a "point person" who can work with home-based businesses, small businesses, brokers, and the community for a successful economy in the City. February 7, 2012 Cupertino City Council Page 5 Wong moved and Mahoney seconded to approve the mid-year budget adjustment as recommended by staff. The motion carried unanimously. 25. Subject: Contract for the Online Permit Tracking Software System for Permit Review Recommended Action: Authorize the City Manager to execute a contract with Computer Software Incorporated (CSI) Magnet solution and Avolve Software Corporation for an Online Permit Tracking Software System including licensing, training and services in the amount of$483,410.00 for implementation and additional annual maintenance for five years per Attachment A and an additional contingency in the amount of$16,590.00 Community Development Director Aarti Shrivastava reviewed the staff report and noted that an amendment to the contract was added that would allow a third party to hold the source code in escrow should the company experience financial hardships in the future. Jennifer Griffin expressed support for obtaining new software, but was concerned about the cost. She also stated that the matrix report related to the development permit process from three years ago was not accurate. She requested that Council consider this expenditure very carefully. Wong moved and Mahoney seconded to authorize the City Manager to execute the contract as recommended by staff. The motion carried unanimously. Council recessed from 9:21 p.m. to 9:31 p.m. 26. Subject: Authorize the Mayor to send a letter to the Bay Area Air Quality Management District (BAAQMD) requesting that the District reconsider the designation of Lehigh cement plant, so that the plant would be regulated in a manner appropriate to a new or remodeled facility Recommended Action: Provide direction to staff Public and Environmental Affairs Director Rick Kitson reviewed the staff report. Council member Sinks stated that although he has been involved with environmental groups, he is keeping an open mind on the subject and would be fair and impartial towards all speakers and the community. Council member Chang also noted he would be fair and impartial as well. Cathy Dilts read a letter from Joyce M. Eden, a Cupertino resident. The letter stated that the area around the cement plant is densely populated with 1.7 million people and that pollutants come from the plant affecting the young, the old and pregnant women. She urged Council to write a letter to BAAQMD requesting that Lehigh operate under the new source criteria of EPA rules. Terry Hertel showed a picture of the sky from his deck showing dust from the cement plant. He also showed his furnace filter from one year and noted that it is loaded with pollutants February 7, 2012 Cupertino City Council Page 6 from the plant. In addition, Mr. Hertel stated that dust from the plant also gets into his clothes over time. He offered to provide data he downloaded from a Google search regarding the pollutants and requested that Council include this data in a letter to BAAQMD. Tim Brand said that he has been an engineer for 34 years and that measurements for mercury content and limestone are variable. He stated that Bay Area for Clean Environment hired a consultant and forwarded the results of the report to BAAQMD. He noted that he received only one response from BAAQMD and believes the data was tossed because the results were too high. Mr. Brand requested that Council send a letter to BAAQMD. Paula Wallis expressed concern that spare the air days in the Bay Area are becoming too common. She noted that the Bay Area is a non-attainment zone which means that the air quality does not meet the ozone or particulate matter standards for human health. Ms. Wallis urged council to send a letter to BAAQMD to hold Lehigh to the higher emissions standard of 1.5 pounds of NOx per ton of cement clinker rather than the proposed 2.3 pounds per ton and .01 pounds of particulate matter per ton of cement clinker rather than the proposed .04. Gary Latshaw, Cupertino resident and member of the Sierra Club, said he supported sending a letter to BAAQMD and provided a draft copy of a letter he prepared with more stringent language. Mr. Latshaw indicated that this letter was not brought before the Board of the Sierra Club Loma Prieta Chapter. Thorsten von Stein said he supported sending a letter to BAAQMD urging them to hold Lehigh to the strictest standards proposed by the EPA. He noted that Lehigh is nationally unique because it can operate where there are people and in a place that already has sub- standard air quality. Mr. von Stein reviewed an EPA analysis that shows the new rules would not only save lives but also reduce health care costs. Richard Adler noted that there has been concern for years about the pollution Lehigh produces, but there hasn't been much real data. He stated that in August of 2010 the EPA released a national health risk assessment from cement plants and Lehigh is responsible for 2% of all cement plant pollution nationally. He noted that based on the results of the assessment, health care cost savings from reducing particulate matter would range from $134 million to $720 million per year, cases of premature deaths would be at a low of 19 to a high of 100, and cases of respiratory problems would be reduced to 600 from 1,200. Mr. Adler urged Council to send a letter requesting Lehigh be held to the strictest standards. Karen Del Compario requested that Council send a letter to BAAMQD requesting that Lehigh be held to the strictest controls for new or modified facilities. She also provided a copy of a resolution from the California Medical Association regarding mercury and cement plant pollution. Lynn Faust said she supported sending a letter to BAAMQD and stated that she hopes this is the first step to making Cupertino's air quality safer. February 7, 2012 Cupertino City Council Page 7 John Bartas said that he believes Lehigh is a modified facility and that they should be held to the standards of a newly modified facility. He also noted that air quality standards are stricter in Europe because the methodologies used by the EPA are not used in Europe. Mr. Bartas urged Council to send a letter to BAAQMD to hold Lehigh to the strictest standards. Mahoney moved and Sinks seconded to authorize the Mayor to send a letter to the Bay Area Air Quality Management District (BAAQMD) with the amendments as discussed. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. Council also directed staff to obtain information regarding tobacco regulation in Cupertino from the Sheriff's Department and to put the results in the City Manager's weekly notes. Council concurred to review the results before adding the item to the agenda. ADJOURNMENT At 11:00 p.m., the meeting was adjourned. Grace Schmidt, Acting City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. •